THE DELHI RENT CONTROL ACT, No. 59 of 1958

Transcription

1 '9th February, 1959, vide Notification No. S , dated Gazette of India. THE DELHI RENT CONTROL ACT, 1958 No. 59 of 1958 An Act to provide for the control of rents and evictions and of rates of hotels and lodging houses, and for the lease of vacant premises to Government, in certain areas in the Union territory of Delhi. [31st December, 1958.] BE it enacted by Parliament in the Ninth Year of the Republic of India as follows : - CHAPTER I PRELIMINARY 1. (1) This Act may be called the Act, (2) It extends to the areas included within the limits of the New Delhi Short Municipal Committee and. the Delhi Cantonment Board and to such urban title, extent areas within the limits of the Municipal Corporation of Delhi as are specified and cornin the First Schedule: mencement. Provided that the Central Government may, by notification in the Official Gazette, extend this Act or any provision thereof, to any other urban area included within the limits of the Municipal Corporation of Delhi or exclude any area from the operation of this Act or any provision thereof. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,- (a) "basic Tent", in relation to premises let out before the 2nd day Definiof June, 1944, means the basic rent of such premises as determined in ac- dons. cordance with the provisions of the Second Schedule; (b) "Controller" means a Controller appointed under sub-section (1) of section 35 and includes an additional Controller appointed under sub-section (2) of that section; (c) "fair rate" means the fair rate fixed under section 31 and includes the rate as revised under section 32; (d) "hotel or lodging house" means a building or part of a building where lodging with or without board or other services is provided for a monetary consideration; (e) "landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;

2 [ACT ; (f) "lawful increase " provisions of this Act; means an increase in rent permitted under the (g) "manager of a hotel" includes any person in charge of the management of the hotel; (h) "owner of a lodging house" means a person who receives or is entitled to receive whether on his own account or on behalf of himself and others or as ani agent or a trustee for any other person, any monetary consideration from any person on account of board, lodging or other services provided in the lodging house; (i) "premises" means any building or part of a building which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes- (1) the garden, grounds and outhouses, if any, appertaining to such building of part of the building; (ii) any furniture supplied by the landlord for use in such building or part of the building: but does not include a room in a hotel or lodging house; (j) "prescribed" means prescribed by rules made under this Act; (k) "standard rent", in relation to any premises, means the standard rent referred to in section 6 or where the standard rent has been increased under section 7, such increased rent; (k) "standard rent", in relation to any premises, means the standard rent behalf the rent of any premises is or, but for a special contract, would be. payable, and includes- (i) a sub-tenant: (ia) any person continuing in possession after the termination of his tenancy; and (iii) in the event of the death of the person continuing in possession after the termination of his tenancy, subject to the order of succession and conditions specified, respectively, in Explanation I and Explanation II to this clause, such of the aforesaid person's- (a) spouse, (b) son or daughter, or, where there are both son and daughter, both of them, (c) parents, (d) daughter-in-law, being the widow of his pre-deceased son, as had been ordinarily living in the premises with such person as a member or members of his family up to the date of his death, but does not include,- (A) any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened under the proviso to section 3 of the (Amendment) Act, of (B) any person to whom a licence, as defined by section 52 of the Indian Easements Act, has been granted. 5 of 'Subs. by Act 18 of 1976, s. 2, for cl. (() (retrospectively).

3 or 1958] 66 of Explanation 1.-The order of succession in the event of the death of the person continuing in possession after the termination of his tenancy shall be as follows;- (a) firstly, his surviving spouse; (b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family up to the date of his death; (e) thirdly, his parents, if there is no surviving spouse, son or daughter of the deceased person, or if such surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death; and (d) fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, daughter or parents of the deceased person, or if such surviving spouse, son, daughter or parents, or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death. Explanation IL-If the person, who acquires, by succession, the right to continue in possession after the, termination of the tenancy, was not financially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished. Explanation III.-For the removal of doubts, it is hereby declared that,- (a) where, by reason of Explanation II,. the right of any successor to continue in possession after the termination of the tenancy becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession after the termination of the tenancy; but if there is no other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor specified in any lower category or categories, as the case may be; I(b) the right of every successor, referred to in Explanation L to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs;] (in) "urban area" has the same meaning as in the Delhi Municipal Corporation Act, Nothing in this Act shall apply- Act not to apply (a) to any premises belonging to the Government; or to certain premises. (b) to any tenancy or other like relationship created by a grant from the Government in respect of the premises taken on lease, or requisitioned, by the Government: `[Provided that where any premises belonging to Government have been or are lawfully let by any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy.] 3 'Added by Act 4 of s. 2 (with retrospective effect) M of LJ&CA184

4 4 CHAPTER II [a PROVISIONS REGARDING RENT Rent in excess of standard rent not recoverable. 4. (1) Except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of January, 1939, no tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase of the standard rent in accordance with the provisions of this Act. (2) Subject to the provisions of sub-section (1), any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only. Unlawful charges not to be claimed or received. 5. (1) Subject to the provisions of this Act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary. (2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy of any premises, (a) claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent: or (h) except with the previous permission of the Controller, claim or receive the payment of any sum exceeding one month 's rent of such premises as rent in advance. (3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be, of any premises. (4) Nothing in this section shall apply- (a) to any payment made in pursuance of an agreement entered into before the 1st day of January, 1939: or (b) to any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to, or taken on lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the premises when completed for the use of that person or any member of his family: Provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be let to such person. Explanation.-For the purposes of clause (h) of this sub-section, a -member of the family" of a person means, in the case of an undivided Hindu family, any member of the family of that person and in the case of any other family, the husband, wife, son, daughter, father, mother, brother, sister or any other relative dependent on that person.

5 59 OF 1958] 5 6. (1) Subject to the provisions of sub-section (2), "standard rent", in relation Standard rent. to any premises means- 19 of of (A) in the case of residential premises- (1) where such premises have been let out at any time before the 2nd day of June, 1944, (a) if the basic rent of such premises per annum does not exceed six hundred ruppes, the basic rent; or (b) if the basic rent of such premises per annum exceeds six hundred rupees, the basic rent together with ten per cent. of such basic rent; (2) where such premises have been let out at any time on or after the 2nd day of June, 1944,- (a) in any case where the rent of such premises has been fixed under the Delhi and Ajmer-Merwara Rent Control Act, 1947, or the Delhi and Ajmer Rent Control Act, 1952,- U) if such rent per annum does not exceed twelve hundred rupees, the rent so fixed; or (ii) if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with ten per cent. of such rent: (h) in any other case, the rent calculated on the basis of seven and one-half per cent. per annum of the aggregate amount of the reasonable cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction: Provided that where the rent so calculated exceeds twelve hundred rupees per annum, this clause shall have effect as if for the words "seven and one-half per cent.", the words "eight and one. fourth per cent." had been substituted; 19 of of (B) in the case of premises other than residential premises- (1) where the premises have been let out at any time before the 2nd day of June, 1944, the basic rent of such premises together with ten per cent. of such basic rent: Provided that where the rent so calculated exceeds twelve hundred rupees per annum, this clause shall have effect as if for the words - ten per cent.", the words "fifteen per cent." had been substituted; (2) where the premises have been let out at any time on or after the 2nd day of June, 1944,- (a) in any case where the rent of such premises has been fixed under the Delhi and Ajmer-Merwara Rent Control Act, 1947 or the Delhi and Ajmer tent Control Act, 1952,- (i) if such rent per annum does not exceed twelve hundred rupees, the rent so fixed: or (it) if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with fifteen per cent. of such rent;

6 6 (b) in any other case, the rent calculated on the basis of seven and one-half per cent. per annum of the aggregate amount of the reasonable cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction: Provided that where the rent so calculated exceeds twelve hundred rupees per annum, this clause shall have effect as if for the words "seven and one -half per cent.", the words "eight and fiveeightth per cent." had been substituted. (2) Notwithstanding anything contained in sub-section (1),- (a) in the case of any premises, whether residential or not, constructed on or after the 2nd day of June, 1951, but before the 9th day of June, 1955, the annual rent calculated with reference to the rent at which the premises were let for the month of March, 1958, or if they were not so let, with reference to the rent at which they were last let out, shall be deemed to be the standard rent for a period of seven years from the date of the completion of the construction of such premises; and (b) in the case of any premises, whether residential or not, constructed on or after the 9th day of June, 1955, including premises constructed after the commencement of this Act, the annual rent calculated with reference to the rent agreed upon between the landlord and the tenant when such premises were first let out shall be deemed to be the standard rent for a period of five years from the date of such letting out. (3) For the purposes of this section, residential premises include premises let out for the purposes of a public hospital, an educational institution, a public library, reading room or an orphanage. Lawful increase of standard rent in certain cases and recovery of other charges. 7. (1) Where a landlord has at any time, before the commencement of this Act with o without the approval of the tenant or after the commencement of this Act with the written approval of the tenant or of the Controller, incurred expenditure for any improvement, addition or structural alteration in the premises, not being expenditure on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement, addition or alteration has not been taken into account in determining the rent of the premises, the landlord may lawfully increase the standard rent per year by an amount not exceeding seven and one-half per cent. Of such cost. (2) Where a landlord pays in respect of the premises any charge for electricity or water consumed in the premises or any other charge levied by a local authority having jurisdiction in the area which is ordinarily payable by the tenant, he may recover from the tenant the amount so paid by him; but the landlord shall not recover from the tenant whether by means of an increase in rent or otherwise the amount of any tax on building or land imposed in respect of the premises occupied by the tenant: Provided that nothing in this sub-section shall affect the liability of any tenant under an agreement entered into before the 1st day of January, 1952, whether express or implied, to, pay from time to time the amount of any such tax as aforesaid.

7 59 OF 1958] 8. (I) Where a landlord wishes to increase the rent of any premises, he shall Notice of give the tenant notice of his intention to make the increase and in so far as such of rent increase is lawful under this Act, it shall be due and recoverable only in respect of the period of the tenancy after the expiry of thirty'days from the date on which the notice is given. 7 4 of (2) Every notice under sub-section (1) shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 106 of the Transfer of Property Act, (1) The Controller shall, on an application made to him in this behalf, Controller either by the landlord or by the tenant, in the prescribed manner, fix in respect to fix of any premises- standard (1) the standard rent referred to in section 6; or (ii) the increase, if any, referred to in section 7. rent, e[c. (2) In fixing the standard rent of any premises or the lawful increase thereof, the Controller shall fix an amount which appears to him to be reasonable having regard to the provisions of section 6 or section 7 and the circumstances of the case. (3) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Controller may also fix the standard rent of the part sub-let. (4) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth under section 6, the Controller may fix earn rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar or nearly similar premises in the locality, having regard also to the standard rent payable in respect of such premises. (5) The standard rent shall in all cases be fixed for a tenancy of twelve months : Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months. (6) In fixing the standard rent of any premises under this section, the Controller shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant. (7) In fixing the standard rent of any premises under this section, the Controller shall specify a date from which the standard rent so fixed shall be deemed to have effect: Provided that in no case the date so specified shall be earlier than one year prior to the date o the filing of the application for the fixation of the standard rent. 10. If an application for fixing the standard rent for determining the lawful increase of such rent is made under section 9, the Controller shall, as expeditiously xation as possible, make an order specifying the amount of the rent or the lawful in- interim of crease to be paid by the tenant to the landlord pending final decision on the rent. application and shall appoint the date from which the rent or lawful increase so specified shall be deemed to have -

8 (a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the manner provided in section 106 of the Transfer 4 of of D.,...o.t A,.. l oon No collector of rent or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental charges which exceeds the amount which he is entitled under this Act to realise from the tenant or tenants of the premises. Limitation of liability of middlemen. Limitation for application for fixation of standard rent. 12. Any landlord or tenant may file an application to the Controller for fixing the standard rent of the premises or for determining the lawful increase of such rent,- (a) in the case of any premises which were let, or in which the cause of action for lawful increase of rent arose, before the commencement of this Act, within two years from such commencement: (b) in the case of any premises let after the commencement of this Act,-- (i) where the application is made by the landlord, within two years from the date on which the premises were let to the tenant against whom the application is made; (ii) where the application is made by the tenant, within two years from the date on which the premises were let to that tenant; and (c) in the case of any premises in which the cause of action for lawful increase of rent arises after the commencement of this Act, within two years from the date on which the cause of action arises : Provided that the Controller may entertain the application after the expiry of the said period of two years, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time. Refund of rent, premium, etc., not recoverable under the Act. 13. Where any sum or other consideration has been paid, whether before or.fter the commencement of this Act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this Act or of the Delhi and Ajmer Rent Control Act, 1952, the Controller may, on an application made to 38 of 1952 him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or -order adjustment of such sum or the value of such consideration against the rent payable by the tenant. CHAPTER III CONTROL OF LVICTION OF TENANTS Protection of tenant against eviction. 14. (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or Controller in favour of the landlord against a tenant: Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely:-

9 of (b) that the tenant has, on or after the 9th day of June, 1952, sub-let. assigned or otherwise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord; (c) that the tenant has used the premises for a purpose other than that for which they were let- (i) if the premises have been let on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord; or (it) if the premises have been let before the said date without obtaining his consent; (d) that the premises were let for use as a residence and neither the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of the filing of the application for the recovery of possession thereof; (e) that the premises let for residential purposes are required bona fide by the landlord for occupation as a residence for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable residential accommodation. 9 Explanation.-For the purposes of this clause, "premises let for residential purposes" include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes; (f) that the premises have become unsafe or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; (g) that the premises are required bona fide by the landlord for the purpose of building or re-building or making thereto any substantial additions or alterations and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated; (h) that the tenant has, whether before or after the commencement of this Act, built, acquired vacant possession of, or been allotted, a residence: (1) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment; (j) that the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial demage to the premises: (k) that the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate; (I) that the landlord requires the premises in order to carry out any building work at the instance of the Government or the Delhi Development Authority or the Municipal Corporation of Delhi in pursuance of any improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated.

10 10 (2) No order for the recovery of possession of any premises shall be made on the ground specified in clause (a) of the proviso to sub-section (1), if the tenant makes payment or deposit as required by section 15: Provided that no tenant shall be entitled to the benefit under this sub -section, if having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent of those premises for three consecutive months. (3) No order for the recovery of possession in any proceeding under subsection (1) shall be binding on any sub-tenant referred to in section 17 who has given notice of his sub-tenancy to the landlord under the provisions of that section, unless the sub-tenant is made a party to the proceeding and the order for eviction is made binding on him. (4) For the purposes of clause (h) of the proviso to sub-section (1), any premises which have been let for being used for the purposes of business or profession shall be deemed to have been sub-let by the tenant, if the Controller is satisfied that the tenant without obtaining the consent in writing of the landlord has, after the 16th day of August, 1958, allowed any person to occupy the whole or any part of the premises ostensibly on the ground that such person is a partner of the tenant in the business or profession but really for the purpose of sub-letting such premises to that person. (5) No application for the recovery of possession of any premises shall lie under sub -section ( 1) on the ground specified in clause (c) of the proviso thereto, unless the landlord has given to the tenant a notice in the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice ; and no order for eviction against the tenant. shall be made in such a case, unless the Controller is satisfied that the misuse of the premises is of such a nature that it is a public nuisance or that it causes damage to the premises or is otherwise detrimental to the interests of the landlord. (6) Where a landlord has acquired any premises by transfer, no application for the recovery of possession of such premises shall lie under sub-section (1) on the ground specified in clause (e) of the proviso thereto, unless a period of five years has elapsed from the date of the acquisition. (7) Where an order for the recovery of possession of any premises is made on the ground specified in clause (e) of the proviso to sub-section (1), the landlord shall not be entitled to obtain possession thereof before the expiration of a period of six months from the date of the order. (8) No order for the recovery of possession of any premises shall be made on the ground specified in clause (t) of the proviso to sub-section (1), the landthe Controller is satisfied that the proposed reconstruction will not radically alter the purpose for which the premises were let or that such radical alteration is in the public interest, and that the plans and estimates of such reconstruction have been properly prepared and that necessary funds for the purpose are available with the landlord. (9) No order for the recovery of possession of any premises shall be made on the ground specified in clause (i) of the proviso to sub -section (1), if the Controller is of opinion that there is any bona fide dispute as to whether the tenant has ceased to be in the service or employment of the landlord.

11 'Ins. by Act IS of 1976, s. 5 (w.e.f ) M of LJ&CA/84 of 1958] (10) No order for the recovery of possession of any premises shall be made on the ground specified in clause (j) of the proviso to sub-section (1), if the tenant, within such time as may be specified in this behalf by the Controller, carries out repairs to the damage caused to the satisfaction of the Controller or pays to the landlord such amount by way of compensation as the Controller may direct. 11 (11) No order for the recovery of possession of any premises shall be made on the ground specified in clause (k) of the proviso to sub-section (1), if the tenant. within such time as may be specified in this behalf by the Controller, complies with the condition imposed on the landlord by any of the authorities referred to in that clause or pays to that authority such amount by way of compensation as the Controller may direct. '[14A. (1) Where a landlord who, being a person in occupation of any resi- Right to dential premises allotted to him by the Central Government or any local autho- immediate rity is required, by, or in pursuance of, any general or special order made by pos,ession cr cru e that Government or authority, to vacate such residential accommodation, or in ro a acc crue default, to incur certain obligations, on the ground that he owns. in the Union to certain territory of Delhi, a residential accommodation either in his own name or in the persons. name of his wife or dependent child, there shall accrue, on and from the date of such order, to such landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediately possession of any premises let out by him: Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the Union territory of Delhi, two or more dwelling houses, whether in his own name or in the name of his wife or dependent child, to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover. (2) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority: Provided that where the landlord had received,- (a) any rent in advance from the tenant, he shall. within a period of ninety days from the date of recovery. of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease: (h) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease: Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of six per cent. per annum on the amount which he has omitted or failed to refund.]

12 12 When a renant can get the benefit of protection against eviction. 15. (1) In every proceeding for the recovery of possession of any premises on the ground specified in clause (a) of the proviso to sqb-section (1) of section 14, the Controller shall, after giving the parties an opportunity of being heard, make an order directing thetenant to pay to the landlord or deposit with the Controller within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit, month by month, by fifteenth of each succeeding month, a sum equivalent to the rent at that rate. (2) If, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in sub-section (1), the tenant contests the claim for eviction, the landlord may, at any stage of the proceeding, make an application to the Controller for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Controller may, after giving the parties an opportunity of being heard, make an order in accordance with the provisions of the said sub-section. (3) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the amount of rent payable by the tenant, the Controller shall, within fifteen days of the date of the first hearing of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of sub-section (1) or sub-section (2), as the case may be, until the standard rent in relation thereto is fixed having regard to the provisions of this Act, and the amount of arrears, if any, calculated on the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which the standard rent is fixed or such further time as the Controller may allow in this behalf. (4) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount r sub-section (3), rawas payable by him under sub-section (1) or sub-section the case may be, and in such a case, no shall person o entitled to withd the amount in deposit until the Controller decides the dispute and makes an order for payment of the same. (5) If the Controller is satisfied that any dispute referred to in sub-section (4) has been raised by a tenant for reasons which are false or frivolous, the Controller may order the defence against eviction to be struck out and proceed with the hearing of the application. - (6) If a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the Controller may allow such costs as he may deem fit to the landlord. (7) If a tenant fails to make payment or deposit as required by this section, the Controller may order the defence against eviction to be struck out and proceed with the hearing of the application. Resirtctions of sub-letting. 16. (1) Where at any time before the 9th day of June, 1952, a tenant has sub-let the whole or any part of the premises and the sub-tenant is, at the commencement of this Act, in occupation of such premises, then, notwithstanding that the consent of the landlord was not obtained for such sub-letting, flip nr-miles shall be deemed to have been lawfully sub-let.

13 T 59 1 or 1958] (2) No premises which have been sub-let either in whole or in part on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub-let. 13 (3) After the commencement of this Act. no tenant shall, without the previous consent in writing of the landlord, (a) sub-let the whole or any part of the premises held by him as a tenant; or (h) transfer or assign his rights in the tenancy or in any part thereof (4) No landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever in cash or in kind for giving his consent to the sub-letting of the whole or any part of the premises held by the tenant. 17. (1) Where, after the commencement of this Act, any premises are sublet either in whole or in part by the tenant with the previous consent in writing oocreaof the landlord, the tenant or the sub -tenant to whom the premises are sub-let tern t onand may, in the prescribed manner, give notice to the landlord of the creation of ti of the sub-tenancy within one month of the date of such sub -letting and notify thesubtermination of such sub-tenancy within one month of such termination. errancy. (2) Where, before the commencement of this Act, any premises have been lawfully sub-let either in whole or in part by the tenant, the tenant or the subtenant to whom the premises have been sub-let may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within six months of the commencement of this Act, and notify the termination of such sub-tenancy within one month of such termination. (3) Where in any case mentioned in sub-section (2), the landlord contests that the premises were not lawfully sub-let, and an application is made to the Controller in this behalf, either by the landlord or by the sub-tenant, within two months of the date of the receipt of the notice of sub-letting by the' landlord or the issue of the notice by the tenant or the sub-tenant, as the case may be. the Controller shall decide the dipute: 18. (1) Where an order for eviction in respect of any premises is made Subunder section 14 against a tenant but not against a sub-tenant referred to in tenant section 17 and a notice of the sub-tenancy has been given to the landlord, theiee be nant sub-tenant shall, with effect from the date of the order, be deemed to become in Gera tenant holding directly under the landlord in respect of the premises in his tarn cases, occupation on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued. (2) Where, before the commencement of this Act, the interest of a tenant in respect of any premises has been determined without determining the interest of any sub-tenant to whom the premises either in whole or in part had been lawfully sub-let,. the sub-tenant shall, with effect from the date of the commencement of this Act, be deemed to have become a tenant holding directly under the landlord on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued.

14 14 Recovery of possession for occupation and reentry., 19. (1) Where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (e) of the proviso to subsection (1) of section 14, the landlord shall not, except with the permission of the Controller obtained in the prescribed manner, re-let the whole or any part of the premises within three years from the date of obtaining such possession, and in granting such permission the Controller may direct the landlord to put such evicted tenant in possession of the premises. (2) Where a landlord recovers possession of any premises as aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time within three years from the date of obtaining possession, re-let to any person other than the evicted tenant without obtaining the permission of the Controller under sub-section (1) or the possession of such premises is t ansferred to another person for reasons which do not appear to the! Controller to be bona fide, the Controller may, on an application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the premises or to pay him such compensation' as the Controller thinks fit. Recovery of possession for repairs and rebuilding and reentry. 20. (i) In making any order on the grounds specified in clause (fl or clause ig) of the proviso to sub-section (1) of section 14, the Controller shall ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may be. (2) if the tenant delivers possession on or before the date specified in the order, the landlord shall. on the completion of the work of repairs or building or re-building, place the tenant in occupation of the premises or part thereof. (3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work of repairs or building or re -building within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the premises in accordance with sub-section (2), the Controller may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the tenant in occupation of the premises or part thereof or to pay to the tenant such compensation as the Controller thinks fit. Recovery of possession in case of tenancies for limited period. 21. Where a landlord does not require the whole or any part of any premises for a particular period. and the landlord, after obtaining the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 14 or in any other law, the Controller may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises.

15 'cr 59 I of 1958j 22. Where the landlord in respect of any premises is any company or other Special bony corporate or any local authority or a -y public institution and the premises for covery re- are required for the use of employees of such landlord or in the case of a public provision institution, for the furtherance of its activities, then, notwithstanding anything of possescontained in section 14 or any other law, the Controller may, on an application certain made to him in this behalf by such landlord, place the landlord in vacant pos- cases session of such premises by evicting the tenant and every other person who may be in occupation thereof, if the Controller is satisfied- (a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or (b) that the tenant has acted in contravention of the terms, express or implied, under which lie was authorised to occupy such premises; or or (c) that any other person is in unauthorised occupation of such premises; (d) that the premises are required bona fide by the public institution for the furtherance of its activities. Explanation.-For the purposes of this section, "public institution" includes any educational institution, library. hospital and charitable dispensary. 23. Where the landlord proposes to make any improvement in, or construct Pcrmtsany additional structure on, any building which has been let to a tenant and Sion to the tenant refuses to allow the landlord to make such improvement or construct construct adu. such additional structure and the Controller, on an application made to him instruccttures ures this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant, the Controller may permit the landlord to do such work and may make such other order as he thinks fit in the circumstances of the case. 24. Notwithstanding anything contained in section 14, where any premises Special which have been let comprise vacant land upon which it is permissible under provision the building regulations or municipal bye-laws, for the time being in force, to regardmg vacant erect any building, whether for use as a residence or for any other purpose and building the landlord proposing to erect such building is unable to obtain possession sites. of the land from the tenant by agreement with him and the Controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Controller may- (a) direct such severance; (b) place the landlord in possession of the vacant land; (c) determine the rent payable by the tenant in respect of the rest of the premises; and (d) make such other order as he thinks fit in the circumstances of the case.

16 16 Vacant possession to landlord 25. Notwithstanding anything contained in any other law, where the interest of a tenant in any premises is dctirmined for any reason whatsoever and any order is made by the Controller under this Act for the recovery of possession of such premises, the order shall, subject to the provisions of section 18, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom: Provided that nothing in this section shall apply to any person who has an independent title to such premises. '[CHAPTER 111A SUMMARY TRIAL OF CERTAIN APPLICATIONS Provislons of this Chapter to have overriding effect. Special procedure or the disposal of applications for eviction on the ground of lion fide require- Inept. 25A. The provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force. 25B. (1) Every application by a landlord for the recovery o possession of any premises on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A, shall be dealt with in accordance with the procedure specified in this section. (2) The Controller shall issue summons. in relation to every application referred to in sub-section (1), in the form specified in the Third schedule. (3) (a) The Controller shall, in addition to, and simultaneously with the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, addressed to the tenant or his agent 'empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain. (b) When an acknowledgment purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with an e idorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the Controller may declare that there has been a valid service of summons. (4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in the Third Schedule shall not contest the prayer for eviction -prom the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided; and'in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to all order for eviction on the ground aforesaid. 'lns. by Act 18 of 1976, s. 6 (w.e.f. t-t2-1975).

17 of (5) The Controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in clause (e) of the proviso to sub-section ( 1) of section 14, or under section 14A. 17 (6) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing of the application as early as practicable. (7) Notwithstanding anything contained in sub-section (2) of section 37, the Controller shall, while holding an inquiry in a proceeding to which this Chapter applies, follow the practice and procedure of a Court of Small Causes, including the recording of evidence. (8) No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this section: Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit. 5 of (9) Where no application has been made to the High Court t!-, revision, the Controller may exercise the powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, (10) Save as otherwise provided in this Chapter, the procedure for the disposal of an application for eviction on the ground specified in clasue (e) of the proviso to sub-section (1) of section 14, or under section 14A, shall be the same as the procedure for the disposal of applications by Controllers. 25C. (1) Nothing contained in sub-section (6) of section 14 shall apply to a landlord who, bein g I person t in occupation Y of an effect residential premises allot-act to have led to him by the Central Government or any local authority is required by, in a. or in pursuance of, an order made by that Government or authority to vacate form in such residential accommodation, or, in default. to incur certain obligations, on relation the ground that he owns a residential accommodation either in his own namecerta;n or in the name of his wife or dependent child in the Union territory of Delhi. persons. (2) in the case of a landlord who, being a person of the category specified in sub-section (1), has obtained. on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A, an order for the eviction of a tenant from any premises, the.irovisions of sub-section (7) of section 14 shall have effect as if for the words "six months", occurring therein, the words "two months" were substituted.) CHAPTER IV DEPOSIT OF PENT 26. (1) Every tenant shall pay rent within the time fixed by contract or in t Rtoeceeiipt the absence of such contract, by the fifteenth day of the month next, following given for aid. rent the month for which it is payable. p